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BOARD OF SUPERVISORS
Liz Kniss, District 5, President
Ken Yeager, District 4, Vice President
Donald F. Gage, District 1
George Shirakawa, District 2
Dave Cortese, District 3


Gary Graves
Acting County Executive

Ann Miller Ravel
County Counsel
AGENDA
March 24, 2009 9:30 A.M.

BOARD OF SUPERVISORS' CHAMBERS
70 West Hedding Street, San Jose, California
Tel. (408) 299-5001 Fax (408) 298-8460 TDD (408) 993-8272

SANTA CLARA COUNTY BOARD OF SUPERVISORS
SPECIAL DISTRICTS
THE FIRE DISTRICTS
FINANCING AUTHORITY
PUBLIC AUTHORITY OF SANTA CLARA COUNTY
VECTOR CONTROL DISTRICT
SANITATION DISTRICT NO. 2-3

Notice to the Public - Meeting Procedures

-- The Board of Supervisors may take other actions relating to the issues as may be determined following consideration of the matter and discussion of the recommended actions.

-- All reports and supporting material are available for review on the internet at www.sccgov.org/agenda/home and in the Office of the Clerk of the Board of Supervisors the Thursday, Friday, and Monday before the meeting. This information is also available on the table in the rear of the Board Chambers the day of the meeting.

-- Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to all or a majority of the Board of Supervisors (or any other commission, or board or committee) less than 72 hours prior to that meeting are available for public inspection at the Office of the Clerk of the Board, 70 West Hedding Street, 10th Floor, during normal business hours.

-- Persons wishing to address the Board on a regularly scheduled item on the agenda are requested to complete a request to speak form and place it in the tray located near the speaker's podium for the purpose of the record. (Government Code Section 54953.3). Individual speakers will be called to the podium by the President and are requested to limit their comments to three minutes. Groups of speakers on a specific item are asked to limit their total presentation to a maximum of twenty minutes for each side of the issue. NOTE: The President may limit the number or duration of speakers on a matter. (Board Policy Manual, Section 3.5)

NOTE: If you are a lobbyist, complete the Lobbyist Declaration on the reverse side of the request to speak form.

-- Items with an asterisk (*) in front of the number are on the consent calendar and may be voted on in one motion at the beginning of the meeting in the morning. The Board may also add regularly scheduled items to the consent calendar at the beginning of the meeting in the morning. If you wish to discuss any of these items, it is necessary to complete a request to speak form and place it in the tray near the podium at the beginning of the meeting in the morning. Items that contain ordinance proposals may be adopted on the consent calendar and the ordinance titles are read into the record by the President or Clerk of the Board.

-- In compliance with the Americans with Disabilities Act, those requiring accommodation for this meeting should notify the Clerk of the Board's Office 24 hours prior to the meeting at (408) 299-5001, TDD (408) 993-8272.

Opening

.

Roll Call.


.

Pledge of Allegiance.


.

Invocation by Raquel Plasencia, a senior at Andrew Hill High School, San Jose.

Transmittal D204-032409

Revised Supplemental Item .

Announce names of individuals in whose honor and memory today's meeting is dedicated: Agnes Boales, Eileen Kelly, Lisa Kalvelage, Barbara Sibley, Dr. Jerome Tossy, and Mary Louise Martinez.

Transmittal D201-032409 : A DEDICATION IN HONOR AND MEMORY OF AGNES BOALES.
Transmittal D202-032409 : A DEDICATION IN HONOR AND MEMORY OF EILEEN KELLY.
Transmittal BOS-D5-032409-06 : Adjourn in Memoriam
Supp Info 1 - Mary Louise Martinez Transmittal (Miscellaneous)

Public Issues

1.

Public Comment. (This item is reserved for persons desiring to address the Board on any matter not on this agenda.) Members of the public who wish to address the Board on any item not listed on the agenda should complete a request to speak form and place it in the tray near the podium. The Chair will call individuals to the podium in turn. Speakers are limited to one minute. The law does not permit Board action or extended discussion of any item not on the agenda except under special circumstances. If Board action is requested, the Board may place the matter on a future agenda. All statements that require a response will be referred to staff for reply in writing.


2.

Approve consent calendar and changes to the Board of Supervisors' Agenda.

Notice to the public: there is no separate discussion of consent calendar items, and the recommended actions are voted on in one motion. If an item is approved on the consent vote, the specific action recommended by staff is adopted. Members of the public who wish to address the Board on any consent items should complete a request to speak form and place it in the tray near the podium. The Chair will call individuals to the podium when the item is discussed.


* 3.

Approve Summary of Proceedings of March 3, 2009, and minutes of January 27, 2009.

March 3, 2009 Summary of Proceedings (Miscellaneous)

Social Services Agency

* 4.

Consider recommendations relating to the addition of three positions within the Social Services Agency (SSA), Department of Aging and Adult Services (DAAS), In-Home Supportive Services (IHSS).

Possible action:

  1. Approve Request for Appropriation Modification No.159 - $226,632 increasing revenue and expenditures in the SSA budget. (4/5 Roll Call Vote)

  2. Introduction and preliminary adoption of Salary Ordinance No. NS-5.09.79 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding two Office Specialist III positions and one Data Office Specialist position in the SSA, DAAS, IHSS. (Roll Call Vote to waive reading, Roll Call Vote to adopt)
Transmittal SSA01 032409
F85 - IHSS 032409 (Appropriation Modification (F-85))
Salary Ordinance Amendment No. NS-5.09.79 (Ordinances)

* 5.

Consider recommendations relating to the California Child and Family Services Review Self Assessment.

Possible action:

  1. Accept California Child and Family Services Review Self Assessment.

  2. Approve submission of the California Child and Family Services Review Self Assessment to the California Department of Social Services.
Transmittal SSA04 032409
Attachment A - California Child and Family Services Review Self Assessment (Miscellaneous)
Attachment B - Child Welfare Services Outcome and Accountability Quarterly Data Report (Miscellaneous)
Attachment C - Map of 10 ZIP Code Areas with the Highest Incidence of Referrals (A - Multiple Recommendations)
Attachment D - Map of 10 ZIP Code Areas with the Highest Incidence of Entries into Foster Care (Miscellaneous)
Attachment E - Santa Clara County Self Assessment Changes after Review by the State (A - Multiple Recommendations)

* 6.

Approve delegation of authority to the Director, Social Services Agency, or designee, to negotiate, execute, amend, and terminate Memorandum of Understanding with the Santa Clara County Office of Education relating to providing allowable Title IV-E administrative services directly related to educational information on foster youth, beginning the date indicated on the letter of acknowledgement received by the California Department of Social Services through June 30, 2010, with option of two additional one-year terms, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2012.

Transmittal SSA05 032409

* 7.

Consider recommendations relating to Operational Agreement with Bill Wilson Center.

Possible action:

  1. Ratify Operational Agreement with Bill Wilson Center relating to participating in the Homeless Youth and Exploitation (HX) Program for period July 1, 2009 through June 30, 2010.

  2. Approve delegation of authority to the Director, Social Services Agency, or designee, to negotiate, execute, amend, and terminate Operational Agreement with Bill Wilson Center relating to participating in the HX Program for period July 1, 2009 through June 30, 2010, with the option to renew for two additional one-year terms, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2012.
Transmittal SSA06 032409
Operational Agreement with Bill Wilson Center (Agreements and Amendments)

In-Home Supportive Service Public Authority

* 8.

Adopt Resolution authorizing the Presiding Officer to use a facsimile signature in lieu of a personal signature and to elect to use certain titles. (Roll Call Vote)

Resolution (Resolution)

Santa Clara Valley Health and Hospital System

* 9.

Consider recommendations relating to the Mental Health Permanent Supportive Housing Project.

Possible action:

  1. Approve delegation of authority to the Director, Mental Health Department, or designee, to negotiate, execute, extend, and amend the 2007 Supportive Housing Grant Agreement with the Federal Department of Housing and Urban Development relating to the Mental Health Permanent Supportive Housing Project, in an amount not to exceed $702,301 for a two-year period beginning upon execution of the Agreement, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2013.

  2. Approve delegation of authority to the Director, Mental Health Department, or designee, to negotiate, execute, extend, and amend Agreement(s) with provider(s) to be selected through a Request for Proposals process, relating to providing housing and supportive services, in an amount not to exceed $772,715 for a two-year period beginning upon the execution of Agreement(s), following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2013.
Transmittal HHS01 032409

* 10.

Authorize submission of a proposal to the California Department of Mental Health and California Housing Finance Agency relating to funding the "90 Archer Street" Housing Project with an estimated $1,200,000 from the Santa Clara County share of the Mental Health Services Act Housing Program funds.

Transmittal HHS02 032409

* 11.

Approve delegation of authority to the Santa Clara Valley Health and Hospital System - Chief Executive Officer, or designee, to negotiate, execute, and amend Agreement with Computer Sciences Corporation relating to providing consultant services for development of an Enterprise Core Hospital Information System five-year strategic plan and preparation of a Request for Proposals for selection of an Enterprise Core strategy, in an amount not to exceed $406,000 for period beginning upon execution of Agreement through August 30, 2009, with option to extend the term by up to three months if needed, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on November 30, 2009.

Transmittal HHS03 032409

* 12.

Approve delegation of authority to the Santa Clara Valley Health and Hospital System (SCVHHS) - Chief Executive Officer, or designee, to negotiate and execute Third Amendment to Professional Services Agreement with Salas O’Brien Engineers, Inc., relating to providing architectural/engineering and related professional design services at SCVHHS, increasing the maximum compensation by $250,000 to $750,000 and extending the term for one year through June 30, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2010.

Transmittal HHS04 032409
PSA (A - Multiple Recommendations)
Amendment 1 (A - Multiple Recommendations)
Amendment 2 (A - Multiple Recommendations)
proposed Amendment 3 (A - Multiple Recommendations)

* 13.

Approve delegation of authority to the Santa Clara Valley Health and Hospital System - Chief Executive Officer, or designee, to execute Second Amendment to Professional Services Agreement with Rolf Jensen Associates relating to providing fire protection engineering and related professional design services, increasing the maximum compensation limit by $500,000 to $765,000, extending the term for one year through June 30, 2010, and revising billing rates effective July 1, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2010.

Transmittal HHS05 032409
PSA for RJA (Agreements and Amendments)
Amendment 1 (Agreements and Amendments)
Proposed Amendment 2 (A - Multiple Recommendations)

* 14.

Ratify grant application submitted by Santa Clara Valley Medical Center Ambulatory and Managed Care to United Healthcare relating to grant funding for chronic disease population management in the amount of $564,850 for period April 1, 2009 to March 31, 2011.

Transmittal HHS06 032409
United Healthcare Grant Cover Letter (Miscellaneous)
United Healthcare Grant Proposal (Miscellaneous)

Employee Services Agency

* 15.

Introduction and preliminary adoption of Salary Ordinance No. NS-5.09.78 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding four unclassified Park Maintenance Worker Trainee positions in the Parks and Recreation Department. Positions shall expire on August 23, 2009. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Transmittal ESA01 032409
Salary Ordinance Amendment NS-5.09.78 (Ordinances)

* 16.

Accept semi-annual report on extra-help usage for the first two quarters of Fiscal Year 2009.

Transmittal ESA02 032409
Local 521 Extra Help Usage Summary Report (Miscellaneous)
Non-521 Extra Help Usage Summary Report (Miscellaneous)

Board of Supervisors

17.

Under advisement from November 18, 2008 (Item No. 21): Consider recommendations relating to the recommended appointment of the Santa Clara County Poet Laureate.

Possible action:

  1. Accept report relating to the Appointment of the County Poet Laureate.

  2. Appoint Nils Peterson to the honorary post of Santa Clara County Poet Laureate commencing for a two-year period April 1, 2009 through March 31, 2011.
Transmittal CE12 032409
Attachment A - Inuagural Advisory Committee (A - Multiple Recommendations)
Attachment B - Poet Laureate Application Instructions (A - Multiple Recommendations)
Attachment C - Peterson Biography (A - Multiple Recommendations)

* 18.

Announce travel for members of the Board of Supervisors and other elected officials.


* 19.

Accept reports from members of the Board of Supervisors relating to meetings attended through March 18, 2009.

District 1 (Miscellaneous)
District 2 (Miscellaneous)
District 3 (Miscellaneous)
District 4 (Miscellaneous)
District 5 (Miscellaneous)

Revised Supplemental Item20.

Consider items of concern and refer to Administration for review and report.

  1. Refer to Administration a request to develop an inventory of opportunity sites to locate solar power plants and other solar facilities on County lands, and a process for requesting qualifications and proposals. (Cortese)

  2. Refer to Administration a request to recommend plans to promote the Eco Pass Program including a monthly report back to the Finance and Government Operations Committee on the status of implementation and participation. (Cortese)

  3. Refer to Administration a request to incorporate the achievement of Leadership in Energy and Environmental Design (LEED) certification as a point of negotiation for all future real estate transactions, including leased or owned buildings. (Cortese)

  4. Refer to Administration a request to incorporate various features in an enhanced Climate Change Program for the County of Santa Clara. (Cortese)
Transmittal BOSD301-03-24-09 : Opportunties for county involvement in renewable energy
Supp Info 1 - Eco Pass Program Referral Transmittal (Miscellaneous)
Supp Info 2 - Transmittal for LEED referral (Miscellaneous)

21.

Consider recommendations relating to Fiscal Year (FY) 2010 Board Workshops and processes for Budget Modification and Board Budget-related referrals. (President/Acting County Executive)

Possible action:

  1. Approve the Budget Workshop schedule for the FY  2010 Recommended Budget.

  2. Approve the Budget Modification Process for the FY 2010 Final Budget.

  3. Approve the Budget-related Referral Process for the FY 2010 Final Budget.

  4. Direct the Acting County Executive to inform the other Board appointees, Constitutional Officers, and agency or department heads of the Board-approved process.

Transmittal CE15 032409
FY 2010 Board Budget Workshop Agenda (Miscellaneous)

* 22.

There is no report from Housing, Land Use, Environment, and Transportation Committee. (Gage)


* 23.

There is no report from Public Safety and Justice Committee. (Shirakawa)


* 24.

There is no report from Health and Hospital Committee. (Kniss)


Revised Supplemental Item25.

Accept report from Finance and Government Operations Committee on meeting of March 12, 2009. (Yeager)

Possible action:

  1. Accept items 13-18 as Board information only.

  2. Accept update to the Real Estate Master Plan Report and authorize Cushman Wakefield to begin implementation of five recommendations. (Item 5)

  3. Declare County-owned parcel (portion of Assessor's Parcel Number 451-22-052) adjacent to 1121 Bryan Avenue, San Jose, as surplus; authorize the Roads and Airports Department to offer this parcel to public agencies and non-profit housing sponsors for purchase at fair market value, and then to private entities for purchase at fair market value if there is no interest in the parcel expressed by public agencies and non-profit housing sponsors in response to the notice of availability. (Item 6)

  4. Introduction and preliminary adoption of Ordinance No. NS-300.799 amending Section A34-24 of the Santa Clara County Ordinance Code relating to increasing fees collected by the Registrar of Voters. (Roll Call Vote to waive reading, Roll Call Vote to adopt) (Item 7)

  5. Adopt Resolution approving delegation of authority to the County Executive, or designee, to serve as co-chair of Destination: Home Executive Committee, to take all actions vested in the co-chair pursuant to the Operating Guidelines for Destination: Home, and to negotiate, enter, and amend Agreement(s) to facilitate the goals and objectives of Destination: Home, following approval by County Counsel as to form and legality. Delegation of authority shall expire on June 30, 2012. (Roll Call Vote) (Item 8)

  6. Under advisement from September 9, 2009 (Item No. 20-c): Accept progress report relating to the operation of the one-year pilot Shelter Outreach Center Program. (Item 9)

  7. Under advisement from February 10, 2009 (Item No. 12): Accept report relating to objectives and timeline for the Climate Change Program. (Item 11)

  8. Under advisement from December 16, 2008 (Item No. 15): Accept report from Employee Services Agency on the utilization of the Eco Pass Program. (Item 12)

  9. Consider various recommendations from the Facilities and Fleet Department on five County Cafeterias, as follows (Item 4):

    1. Suspend County commission through December 31, 2010 or until vendor is able to pay through increased revenue.

    2. Eliminate cafeteria services at the Junction cafeteria by March 31, 2009.

    3. Approve delegation of authority to the Director, Facilities and Fleet, or designee, to negotiate, execute, amend and/or terminate the existing Food Service Management Contract, as directed and approved by the Board, for period January 1, 2009 through December 31, 2010, and two, one-year option periods, if exercised, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall end on the last day of the Contract term or Renewal Option, if exercised.

    4. Consider draft Appropriation Modification No. 154 - transferring $113,220 from the Vending and Cafeteria Trust Fund to subsidize cafeteria operations for Charcot, Berger, Hedding, and Julian for the remainder of Fiscal Year 2009.

    5. Consider three alternative options relating to continued cafeteria operations at four locations (Charcot, Berger, Hedding, and Julian):

      1. Provide 17 percent subsidy to operators of four remaining cafeterias

        OR

      2. Consider increasing prices on all products from 7 to 15 percent, and reduce portion sizes of entree items

        OR

      3. Close cafeteria operations at one or more of the four locations.

        OR

      4. Suspend the requirement for biodegradable products and not subsidize biodegradable products at this time.

        OR

      5. Continue subsidy for bioderadable products.
FGOC Meeting Agenda (Miscellaneous)
FGOC Agenda Item 5 Transmittal (Miscellaneous)
FGOC Item 5-Real Estate Master Plan (Miscellaneous)
FGOC Agenda Item 6 Transmittal (A - Multiple Recommendations)
FGOC Item 6-Location Map (A - Multiple Recommendations)
FGOC Item 6-Letter from Adjacent Property Owner (A - Multiple Recommendations)
FGOC Agenda Item 7 Transmittal (Miscellaneous)
FGOC Item 7-2009 Fee Schedule (Miscellaneous)
FGOC Item 7-Fees & Charges Review and Approval Checklist (Miscellaneous)
FGOC Item 7 - NS-300.799 (Ordinances)
FGOC Agenda Item 8 Transmittal (Miscellaneous)
FGOC Item 8 - Fiscal Sponsorship Agreement (Agreements and Amendments)
FGOC Item 8 - Operating Guidelines (Miscellaneous)
FGOC Item 8 - Resolution (Miscellaneous)
FGOC Agenda Item 9 Transmittal (Miscellaneous)
FGOC Item 9 - Quarterly Report (Miscellaneous)
FGOC Agenda Item 11 Transmittal (Miscellaneous)
FGOC Agenda Item 12 Transmittal (Miscellaneous)
FGOC Item 12 - Eco Pass History Table (Miscellaneous)
FGOC Item 12 - Eco Pass History Chart (Miscellaneous)
FGOC Agenda Item 4 Transmittal (Miscellaneous)
FGOC Item 4 - 1/29/09 Transmittal (Miscellaneous)
FGOC Item 4 - 2/19/09 Transmittal (Miscellaneous)
FGOC Item 4 - Profit/Loss Statement (Miscellaneous)
F-85 No. 154 (Appropriation Modification (F-85))
Supp. Info.1 - Memo regarding County cafeterias and biodegradable products (Miscellaneous)
Supp Info 2 - FGOC Report Out Transmittal (Miscellaneous)

* 26.

There is no report from Legislative Committee. (Kniss)


Supplemental Item27.

Accept report from Children, Seniors, and Families Committee (CSFC) relating to meeting of February 26, 2009. (Cortese)

Possible action:

  1. Accept CSFC meeting agenda items 6-9 as Board information only.

  2. Approve recommendations from the Social Services Agency on the Santa Clara County Child Welfare System Improvement Plan.

  3. Authorize the Social Services Advisory Commission to:
    1. Collaborate with the County Office of Public Affairs to refine language of a survey to be administered regarding immigrant and refugee populations' access to County social services.

    2. Conduct survey and convene focus groups on immigrant and refugee populations' access to County social services.
CSFC Agenda (Miscellaneous)
Supp. In fo. 1 - Transmittal (Miscellaneous)
Supp Info 2 - Transmittal and attachments for CSFC agenda item 4 (Miscellaneous)
Supp Info 3 - Transmittal and attachments for CSFC item 5 (Miscellaneous)

* 28.

Accept report from Board Delegate to the Valley Transportation Authority relating to meeting of March 5, 2009. (Kniss)

Transmittal BOS-D5-032409-07

* 29.

There is no report from Board Delegates to Local Agency Formation Commission (LAFCo). (Kniss, Gage)


* 30.

There is no report from Board Delegate to the Metropolitan Transportation Commission. (Yeager)


* 31.

Accept report from Board Delegate to the Bay Area Air Quality Management District relating to meeting of February 4, 2009. (Kniss)

Transmittal BOS-D5-032409-8

County Executive

32.

Accept report from Acting County Executive.


* 33.

Adopt Resolution authorizing performance of services by the Registrar of Voters for a mail ballot election to be held on May 5, 2009 for Moreland Elementary and Cupertino Union School Districts. (Roll Call Vote)

Transmittal CE01 032409
RESOLUTION BY SANTA CLARA COUNTY BOARD OF SUPERVISORS (Resolution)
Attachment A - Moreland Elementary School District (Miscellaneous)
Attachment B - Cupertino Union School District (Miscellaneous)

Supplemental Item34.

Consider recommendations relating to the Statewide Special Election May 19, 2009.

Possible action:

  1. Adopt Resolution authorizing performance of services by the Registrar of Voters and consolidation of elections in the Statewide Special Election to be held on May 19, 2009. (Roll Call Vote)

  2. Approve Request for Appropriation Modification No. 156 - $5,000,000 increasing revenue and expenditures in the Office of the Registrar of Voters budget. (4/5 Roll Call Vote)
Transmittal CE02 032409
RESOLUTION BY SANTA CLARA COUNTY BOARD OF SUPERVISORS (Resolution)
ATTACHMENT A - ROV Request for Appropriation Modification (F-85) (Miscellaneous)
ATTACHMENT B - Revised Resolution by the City of Morgan Hill (Miscellaneous)
Supp. Info. 1 - Revised Resolution (Resolution)

* 35.

Approve delegation of authority to the Director, Office of Emergency Services, or designee, to recruit, negotiate, award, amend, and/or terminate Agreement relating to additional resources required for technical and business training and support of the AlertSCC Notification System, in an amount not to exceed $150,000 for period April 1, 2009 through September 30, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive.  Delegation of authority shall expire on October 31, 2010.

Transmittal CE03 032409
Board Transmittal #31, September 23, 2008 (Miscellaneous)

* 36.

Consider recommendations relating to the Bay Area Urban Area Security Initiative (UASI) Grant Program funds.

Possible action:

  1. Accept 2008 UASI grant funds in the amount of $2,296,341.

  2. Approve Request for Appropriation Modification No. 150 - $2,296,341 increasing revenue and expenditures in the Office of the County Executive and the Office of the Sheriff budgets. (4/5 Roll Call Vote)

  3. Approve delegation of authority to the Director, Office of Emergency Services, or designee, to negotiate, execute, amend, and terminate Agreements with the City and County of San Francisco, City of Oakland, City of San Jose, and Alameda County relating to the application for and allocation and distribution of Bay Area UASI Program grant funds for period October 23, 2008 through December 31, 2011, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive.  Delegation of authority shall expire on December 31, 2011.
Transmittal CE04 032409
Attachment A - 2008 UASI Grant Projects (Miscellaneous)
Attachment B - 2008 UASI Projects by Dept (Miscellaneous)
Draft 2008 UASI MOU (Agreements and Amendments)
2008 UASI Grant (Appropriation Modification (F-85))

* 37.

Authorize extension of 520 hours each for 41 extra-help employees beyond the 1,040 hour limitation in the Office of the Registrar of Voters through Fiscal Year 2009.

Transmittal CE06 032409

38.

Under advisement from December 16, 2008 (Item No. 43): Consider recommendations relating to review of the County Charter.

Possible action:

  1. Direct the County Executive and County Counsel to pursue making amendments to the County Charter that are ministerial in nature.
  2. OR

  3. Defer discussion until after budget hearings.
Transmittal CE07 032409

* 39.

Approve delegation of authority to the Acting County Executive, or designee, to negotiate, execute, amend, and terminate a Forbearance Agreement with EHC LifeBuilders, Inc. (EHC), the City of San Jose, and Comerica Bank relating to allowing for the sale of certain EHC properties and disbursement of proceeds, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive.  Delegation of authority shall expire in December 2009.

Transmittal CE08 032409

* 40.

Approve recommendation to change the time to expend funds for the Affordable Housing Funds loan to Bridge Housing Corporation for its Fabian Way Senior Housing Project from five years to six years.

Transmittal CE09 032409

41.

Consider recommendations relating to the South San Francisco Bay Emergency Access Port Study.

Possible action:

  1. Allocate $60,000 in one-time funds to the San Jose Silicon Valley Chamber of Commerce, the fiscal agent for the grant application, for County share of a local match for the South San Francisco Bay Emergency Port Access Project Study.

  2. Approve Request for Appropriation Modification No. 157 - $60,000 transferring funds from the Parks and Recreation Department operational contingency reserve to the Office of the County Executive budget. (4/5 Roll Call Vote)

Transmittal CE10 032409
F-85 - Transfer from Parks and Recreation Contingency Reserve to General Fund for County share of Alviso Port Study (Appropriation Modification (F-85))

* 42.

Accept report relating to recommended changes in Census Tract boundaries and approve for submission to the Federal Census Bureau.

Transmittal CE11 032409
SCC PSAP Plan (Miscellaneous)

County Counsel

43.

Accept report from County Counsel on legal issues.


* 44.

Approve amended Conflict of Interest Code for the Housing Authority of the County of Santa Clara.

Transmittal CC01 032409
Amended Conflict of Interest Code for Housing Authority of the County of Santa Clara (Miscellaneous)

Boards & Commissions

Revised Supplemental Item* 45.

Announce appointments by individual Board members to various Boards and Commissions:

Supervisor Gage (District 1):

Appointee Name

Board/Commission Name

  Forrest Williams Commission on the Status of Women
  Don Silacci Fairgrounds Management Corporation
  Douglas McNea Measure A Independent
    Citizens' Oversight Committee
  Sharon Sweeney Citizens' Advisory
    Commission on Elections

Supervisor Shirakawa (District 2):

Appointee Name

Board/Commission Name

  William (Bill) J. Guthrie Measure A Independent
    Citizens' Oversight Committee
  Supervisor Cortese (District 3):  
  Appointee Name Board/Commission Name
  Michael Rose Measure A Citizens
    Oversight Committee

Supervisor Kniss (District 5):

Appointee Name

Board/Commission Name

  Audrey Sutton Animal Advisory Commission
  Georgina Van Horn Province of Florence, Italy
    Sister-County Commission
  Sue Leeder Advisory Commission for
    Persons with Disabilities
  Susan Fowle Senior Care Commission
  Naomi Nakano-Matsumoto Housing and Community
    Development Advisory Committee
Transmittal D203-032409 : BOARDS AND COMMISSIONS INDIVIDUAL APPOINTMENT
Transmittal BOS 032409 2 : Appointments to varous Boards and Commissions
Transmittal BOS-D5-032409-02 : Boards and Commissions Appointments
Supp Info 1 - Measure A Citizens Oversight Committee Appointment (Miscellaneous)

Revised Supplemental Item* 46.

Approve Board As-a-Whole appointments to various Boards and Commissions:

Appointee Name

Recommended By

Board/Commission

 

Augustina Armendariz

Gage Citizens' Advisory
      Commission on Elections
  Robert Walias  Gage HIV Planning Council
  Marianne Gallagher Gage HIV Planning Council
  Susanne B. Wilson President Santa Clara County
      Law Library
  Steven L. Hallgrimson President Santa Clara County
      Law Library
  Marcel Pajuelo-Schwartz Kniss Lower Peninsula
      Flood Control
  Margene Chmyz Kniss Mental Health Board
  Nori Herras-Tejero Cortese HIV Health Services
      Planning Council
  Imam Tahir Anwar Cortese Human Relations Commission
  Tito Cortez Cortese Mental Health Board
  Jacqueline Gutierrez Cortese Mental Health Board
Transmittal BOS 032409 1 : Appointments to various Boards and Commissions
Transmittal BOS-D5-032409-01 : Boards and Commissions Appointments
Supp Info 1 - Transmittal from District 3 (Miscellaneous)

47.

Approve the following recommendations for Board As-a-Whole appointments (Acting County Executive):

Appointee Name Appointing Supervisor Board/Commission
Jean A. Meddaugh Gage Measure A Citizens'
    Oversight Committee
Norman Kline Cortese Measure A Citizens'
    Oversight Committee
Transmittal CE05 032409

* 48.

Approve recommendations relating to vacancy and resignations from Boards and Commissions.

  1. Accept resignation of Avtar Chahal from the Advisory Commission for Persons with Disabilities for a four-year term expiring June 30, 2009. Appointee shall be nominated from a list of three nominees submitted by the Commission. Position is allocated to District 3.
  1. Accept resignation of Bev Strand from the Commission on the Status of Women for a three-year term expiring June 30, 2009. Appointee shall represent the public-at-large. Position is allocated to District 5. 
      
  2. Accept resignation of Gloria Nieto from the County of Santa Clara/Moscow Sister-County Commission for a three-year term expiring June 30, 2010. Appointee shall have demonstrated interest or participation in matters pertaining to the relationship between Russia and the U.S. Position is allocated to District 4.

  3. Declare position vacant on the Advisory Commission for Persons with Disabilities previously held by Robin McNitt for a four-year term expiring June 30, 2010. Appointee shall be nominated from a list of three nominees submitted by the Commission. Position is allocated to District 1.
Transmittal BC02-032409

Law and Justice

* 49.

Consider recommendations relating to Probation Department, Work Furlough Program, Inmate Welfare Fund.

Possible action:

  1. Accept annual report relating to Fiscal Year (FY) 2008 Annual Statement of Financial Condition of the Work Furlough Program, Inmate Welfare Fund.

  2. Approve Request for Appropriation Modification No. 155 - $72,456.27 transferring one-time funds from the Probation Department, Work Furlough Program, Inmate Welfare Fund to the Department of Correction, Inmate Welfare Fund. (Roll Call Vote)

  3. Adopt Resolution relating to the transfer of funds from the Probation Department, Work Furlough Program, Inmate Welfare Fund to the Department of Correction, Inmate Welfare Fund. (Roll Call Vote)
Transmittal PRO01 032409
Statement of Financial Condition Fiscal Year 2007 - 2008 for IWF0319 (Miscellaneous)
F-85 Inmate Welfare Fund Transfer (Appropriation Modification (F-85))
Resolution of Inmate Welfare Fund Transfer (Resolution)

* 50.

Approve Request for Appropriation Modification No. 158 - $10,000 decreasing the Fund Balance and increasing expenditures in the Probation Department, Juvenile Welfare Trust Fund budget. (Roll Call Vote)

Transmittal PRO03 032409
Juv Welfare Trust Fund F-85 (Appropriation Modification (F-85))

* 51.

Approve delegation of authority to the Sheriff, or designee, to negotiate, execute, amend, and terminate Memorandum of Understanding with the United States Department of Justice, Drug Enforcement Administration, relating to providing a deputy to perform investigative services in a task force, for period February 16, 2009 through September 30, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 2010.

Transmittal SO01 032409

Finance Agency

* 52.

Consider recommendations relating to Countywide financial audit services.

Possible action:

  1. Approve Agreement with Macias Gini & O'Connell, LLP, relating to providing annual Countywide financial audit services in an amount not to exceed $2,500,000, commencing April 1, 2009 and effective until the audits for Fiscal Years 2009-2013 have been completed, with an option to renew the contract up to three additional years.

  2. Approve delegation of authority to the Director, Finance Agency, or designee, to amend or terminate Agreement with Macias Gini & O'Connell, LLP, relating to providing annual Countywide financial audit services, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2013.
Transmittal F01 032409
Agreement with Macias Gini and O'Connell LLP (Agreements and Amendments)

53.

Accept presentation relating to bond issuance.

Possible action:

Adopt Resolution authorizing issuance of the County of Santa Clara General Obligation Bonds, 2009 Series A (Election of 2008), in a principal amount not to exceed $350,000,000 for rebuilding and improving the earthquake safety of the Valley Medical Center Hospital, meeting state seismic laws, and helping replace closed medical facilities in downtown San Jose. (Roll Call Vote)

Transmittal F03 032409
Resolution for County General Obligation Bonds (Resolution)
Official Statement for County General Obligation Bonds (Miscellaneous)
Paying Agent Agreement for GO Bonds (Miscellaneous)
Notice of Intent for GO Bonds (Miscellaneous)
Notice of Sale for GO Bonds (Miscellaneous)
Continuing Disclosure for GO Bonds (Miscellaneous)

* 54.

Adopt Resolution approving the sale of certain tax-defaulted properties.

(Roll Call Vote)

Transmittal F04 032409
Resolution and Attachments A and B (Resolution)
Notice to the Board of Supervisors (Resolution)

Financing Authority

55.

Accept presentation relating to bond issuance.

Possible action:

Adopt Resolution authorizing issuance of El Camino Hospital Revenue Bonds, Series 2009, in a principal amount not to exceed $100,000,000 for financing the construction and equipping of a new hospital building and renovations and improvements to existing health care facilities. (Roll Call Vote)

Transmittal F02 032409
Resolution for El Camino Hospital Financing (Resolution)
Purchase Contract for El Camino Hospital Financing (Miscellaneous)
Indenture for the El Camino Hospital Bonds (Miscellaneous)
Loan Agreement for the El Camino Hospital Bonds (Miscellaneous)
Official Statement for the El Camino Hospital Bonds (Miscellaneous)

* 56.

Adopt Resolution relating to authorization of presiding officer to use a facsimile signature in lieu of a personal signature and election to use certain titles. (Roll Call Vote)

Resolution (Resolution)

1:30 p.m. Time Certain

Supplemental Item* 57.

Resolutions, Commendations, and Memorials. (Roll Call Vote)

  1. Adopt Resolution proclaiming April 2006 as "Child Abuse Awareness Month" in Santa Clara County, and authorize display of the Children's Memorial Flag in the courtyard, located at 70 West Hedding Street, San Jose, during the month of April to commemorate Child Abuse Awareness Month. (Child Abuse Council)

  2. Adopt Resolution commending Linda Castaldi as she retires after 34 years of service to Santa Clara County. (Social Services Agency)

  3. Adopt and present Resolution proclaiming March 22-28, 2009 as "Disaster Service Worker Week" in Santa Clara County. (Office of the County Executive)

  4. Ratify Resolution, presented March 23, 2009, commending Sarah Flowers for her dedicated service to the citizens of Santa Clara County on the occasion of her retirement after more than 17 years, and extending best wishes for future endeavors with her family and in her community. (Kniss)

  5. Ratify Resolution, presented March 18, 2009, commending Family and Children Services for more than 60 years of dedication to increasing the strength, safety, and self-sufficiency of children, adults, and families through innovative, accessible, and integrated programs and services addressing critical health and human services needs in Silicon Valley. (Kniss)

  6. Adopt Resolution commending Leona M. Butler for her clarity of vision and inspired leadership in providing health care for the children and families of Santa Clara County. (Kniss)

  7. Adopt Resolution commending Betty Deal for being named the City of Campbell, 2008 Citizen of the Year. (Yeager)

  8. Adopt Resolution designating March 2009 as "Women's History Month" in Santa Clara County, highlighting the extraordinary achievements of women throughout our history, while recognizing the equally significant obstacles they had to overcome on the road to success. (Shirakawa)

  9. Adopt Resolution proclaiming March 28, 2009 as "World Wildlife Fund's Earth Hour Day" in Santa Clara County. (Cortese)

  10. Adopt and present Resolution commending Korean American Community Services for its dedication to providing vital services and resources to the Korean American community in Santa Clara County for 30 years. (Yeager)

Transmittal BC01-032409 : Proclamation of April 2009 as "Child Abuse Awareness Month"
Child Abuse Prevention Month Proclamation (Resolution)
Transmittal SSA03 032409 : Resolution of the Board of Supervisors of the County of Santa Clara Recognizing Linda Castaldi
Resolution of the Board of Supervisors of the County of Santa Clara Recognizing Linda Castaldi (Resolution)
Transmittal CE14 032409 : Resolution Proclaiming March 22 -28, 2009, as Disaster Service Worker Week
DSW Resolution (A - Multiple Recommendations)
Transmittal BOS-D5-032409-03 : Ratify Resolution Commending Sarah Flowers
Flowers Reso (Resolution)
Transmittal BOS-D5-032409-04 : Ratify Resolution Commending Family & Children Services
Fam&Child.Services (Resolution)
Transmittal BOS-D5-032409-05 : Adopt Resolution Commending Leona M. Butler
Butler Reso (Resolution)
Transmittal BOS4-032409-02 : Resolution commending Betty Deal
Resolution for Betty Deal (Resolution)
Resolution for Women's History Month (Resolution)
Transmittal BOSD305 032409 : Adopt Resolution of Proclamation for World Wildlife Fund's Earth  Day
Proclamation of March 28, 2009 as World Wildlife Fund's Earth Hour Day (Resolution)
Transmittal BOS4-032409-03 : Resolution commending Korean American Community Services
Supp Info 1 - Transmittal for Women's History Month (Miscellaneous)
Supp Info 2 - Reso for Korean American Community Services (Resolution)

Department of Planning and Development Services

* 58.

Approve delegation of authority to the Acting County Executive, or designee, to negotiate, execute, administer, modify, enforce, and terminate Amendment to an existing contract with Land Use Planning Services, Inc., relating to providing project management services for the Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) Program, extending the term through January 31, 2011, and increasing the maximum financial obligation by $284,350, subject to Board of Supervisors' approval of the budget each Fiscal Year, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on January 31, 2011.

Transmittal PLN01 032409

Department of Agriculture and Environmental Management

59.

Under advisement from September 9, 2008 (Item No. 15): Accept report relating to policy options for reducing or eliminating single-use carryout bags at the point of sale in unincorporated Santa Clara County.

Transmittal AEM01 032409
City Matrix (Miscellaneous)

Roads and Airports

* 60.

Adopt Resolution relating to maintained mileage of County highways in the County of Santa Clara. (Roll Call Vote)

Transmittal RA01 032409
Roadway Report (Miscellaneous)
Roadway Resolution (Resolution)

* 61.

Consider recommendations relating to Professional Services Agreement related to the Central Expressway Auxiliary Lanes Project.

Possible action:

  1. Approve Professional Services Agreement (PSA) with Nolte Associates, Inc., relating to providing professional engineering services for the Central Expressway Auxiliary Lanes Project between Mathilda Avenue and Fair Oaks Avenue, in an amount not to exceed $249,100 for period March 30, 2009 through March 30, 2010.

  2. Authorize the Director, Roads and  Airports Department, to act as the Owner's Authorized Representative to execute Project Agreements for services during the term of the PSA, including, if necessary, extensions to the Agreement expiration date and increases to the maximum compensation amount up to $25,000 to an amount not to exceed $274,100, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive; and, to perform other administrative functions pursuant to the PSA.
Transmittal RA02 032409
Service Agreement (Agreements and Amendments)
Attachment A -Scope of Services (Agreements and Amendments)
Attachment B- Schedule (Agreements and Amendments)
Attachment E- Fees (Agreements and Amendments)

* 62.

Consider recommendations relating to two American Recovery and Reinvestment Act Projects.

Possible action:

  1. Approve the Project, adopt plans and specifications, and authorize advertisement of contract documents for the Montague Expressway Pavement Rehabilitation Project (Phase 3), Federal Project Number ESPL-5937(132), subject to authorization by Caltrans to advertise the Project.

  2. Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the County Unincorporated Roads Pavement Rehabilitation Project, Federal Project Number ESPL-5937(133), subject to authorization by Caltrans to advertise the project.
Transmittal RA03 032409
Montague Phase 3 Location Map (Construction Documents)
Unincorporated Roads Location Map (Construction Documents)
Caltrans Change to DBE Program (Miscellaneous)

Facilities and Fleet

* 63.

Approve Third Amendment to Professional Services Agreement with Gilbane Building Company relating to construction delay and impact analysis consulting and construction project management services for the Morgan Hill Courthouse and various other Capital Projects, increasing the maximum compensation limit (MCL) by $1,000,000 to a new MCL of $4,500,000.

Transmittal FAF01 032409
3rd Amendment to PSA (Agreements and Amendments)

* 64.

Consider recommendations relating to the Civic Center Garage Repair Project, Project No. 263-BL08057.

Possible action:

  1. Approve delegation of authority to the Director, Facilities and Fleet Department (FAF), or designee, to negotiate, execute, and amend Professional Service Agreements with Biggs Cardosa Associates, Inc., and Watry Design, Inc., relating to providing continued special inspection, design, and engineering services, in an amount not to exceed a combined value of $625,000, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 2009.

  2. Approve delegation of authority to the Director, FAF, or designee, to negotiate, execute, and amend Change Orders with Schwager Davis, Inc., for continued repair work, in an amount not to exceed $5,300,000. Delegation of authority shall expire on December 31, 2009.
Transmittal FAF02 032409

* 65.

Adopt Resolution delegating authority to the Director, Facilities and Fleet Department, or designee, to issue Change Orders for four existing Agreements relating to the New Crime Lab Project (Project No. 263-C033018), and accept the work upon completion. Delegation of authority shall expire on July 31, 2009. (Roll Call Vote)

Transmittal FAF03 032409
Resolution of the Board of Supervisors (Resolution)

* 66.

Extend delegation of authority to County Executive, or designee, to negotiate, enter, and amend Agreement(s) to facilitate completion of the Morgan Hill Courthouse and Justice Agencies Building Project, extending the delegation expiration date from March 31, 2009 to September 30, 2009.

Transmittal FAF04 032409

Central Fire Protection District

* 67.

Adopt Resolution of Intent to approve Amendment to Contract between the Board of Administration, California Public Employees' Retirement System (PERS) and the Board of Directors, Santa Clara County Central Fire Protection District. (Roll Call Vote)

Transmittal FD01 032409
Resolution of Intent, CalPERS (Resolution)
Sample Exhibit Amendment to Contract (Miscellaneous)
Cerification of Compliance (Miscellaneous)
Certification of Governing Board's Action (Miscellaneous)

* 68.

Adopt Resolution authorizing the Presiding Officer to use a facsimile signature in lieu of a personal signature and to elect to use certain titles. (Roll Call Vote)

Resolution (Resolution)

South Santa Clara County Fire District

* 69.

Adopt Resolution authorizing the Presiding Officer to use a facsimile signature in lieu of a personal signature and to elect to use certain titles. (Roll Call Vote)

Resolution (Resolution)

Vector Control District

* 70.

Adopt Resolution authorizing the Presiding Officer to use a facsimile signature in lieu of a personal signature and to elect to use certain titles. (Roll Call Vote)

Resolution (Resolution)

Sanitation District No. 2-3

71.

Consider recommendations relating to County Sanitation District No. 2-3.

Possible action:

  1. Accept Monthly Financial Report from County Sanitation District No. 2-3 for period ending February 28, 2009 and authorize payment of bills in an amount not to exceed $275,254.11.

  2. Approve Second Amendment to Agreement with the County of Santa Clara relating to providing legal services by the Office of the County Counsel for Fiscal Year 2009-2010.
Memo from Finance Agency (Sanitation District 2-3)
Transmittal for Financial Report (Sanitation District 2-3)
Warrants Payable (Sanitation District 2-3)
Monthly Financial Report Part 1 (Sanitation District 2-3)
Monthly Financial Report Part 2 (Sanitation District 2-3)
Transmittal for Amendment to Legal Services Agreement (Sanitation District 2-3)
Second Amendment to Legal Services Agreement (Sanitation District 2-3)

* 72.

Adopt Resolution authorizing the Presiding Officer to use a facsimile signature in lieu of a personal signature and to elect to use certain titles. (Roll Call Vote)

Resolution (Resolution)

Final Adoption of Ordinances

* 73. Final Adoption of Salary Ordinance No. NS-5.09.74 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding one Geographic Information Systems Analyst position in the Parks and Recreation Department. (Roll Call Vote)
Salary Ordinance Amendment No. NS-5.09.74 (Ordinances)

* 74. Final Adoption of Salary Ordinance No. NS-5.09.76 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees deleting one 3/5-time Hospital Services Assistant II or Nursing Attendant position, one 4/5-time Hospital Services Assistant II or Nursing Attendant position, and twelve Hospital Services Assistant II or Hospital Services Assistant I positions and adding one 3/5-time Monitor Technician position, one 4/5-time Monitor Technician position, and twelve Monitor Technician positions in the Santa Clara Valley Health and Hospital System, Santa Clara Valley  Medical Center. (Roll Call Vote)
Salary Ordinance NS-5.09.76 (Ordinances)

* 75. Final Adoption of Ordinance No. NS-300.800 amending the Santa Clara County Ordinance Code adding Division A37 relating to administrative fines/penalties; and, procedure, review, and appeal (Administrative Hearing Process). (Roll Call Vote)
Ordinance No. NS-300.800 (Ordinances)

Closing

76.

Announce date and time for closed session to discuss items noticed pursuant to the Brown Act.

Adjourn in Memoriam



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